HUMAN RIGHTS BASIS OF HUMAN DIGNITY INDIGENOUS PEOPLE: CHARACTERISTICS (UNITED NATIONS)
They self-identify as indigenous and in some cases are recognised by
other groups, or by State authorities, as having a distinct collective identity: They have ancient historical ties with respect to living in and using a specific territory; Their cultural distinctiveness is voluntary and handed down through generations. This may include aspects of language, social organization, religion and spiritual values, modes of production, laws and institutions; and They have experienced or are experiencing subjugation, marginalization, dispossession, exclusion or discrimination. WHAT IS FPIC?
FPIC is a specific right that pertains to Indigenous
Peoples and is recognized in the UNDRIP (United Nations Declaration on the Rights of Indigenous Peoples). It allows them to give or withhold consent to a project that may affect them or their territories. Once they have given their consent, they can withdraw it at any stage. Furthermore, FPIC enables them to negotiate the conditions under which the project will be designed, implemented, monitored and evaluated. ELEMENTS OF FPIC
FREE PRIOR
INFORMED CONSENT FREE
Refers to a consent given voluntarily and without
coercion, intimidation or manipulation. It also refers to a process that is self-directed by the community from whom consent is being sought, unencumbered by coercion, expectations or timelines that are externally imposed. PRIOR
Means that consent is sought sufficiently in advance of
any authorization or commencement of activities, at the early stages of a development or investment plan, and not only when the need arises to obtain approval from the community. INFORMED
Refers mainly to the nature of the engagement
and type of information that should be provided prior to seeking consent and also as part of the ongoing consent process. CONSENT
Refers to the collective decision made by the rights-
holders and reached through the customary decision- making processes of the affected Indigenous Peoples or communities. Consent must be sought and granted or withheld according to the unique formal or informal political- administrative dynamic of each community. Indigenous peoples and local communities must be able to participate through their own freely chosen representatives. United Nations
The United Nations is an international organization
founded in 1945. It is currently made up of 193 Member States. The mission and work of the United Nations are guided by the purposes and principles contained in its founding Charter. Each of the 193 Member States of the United Nations is a member of the General Assembly. States are admitted to membership in the UN by a decision of the General Assembly upon the recommendation of the Security Council. United Nations Declaration on the Rights of Indigenous Peoples The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the General Assembly on Thursday, 13 September 2007, by a majority of 144 states in favour, 4 votes against the Declaration is the most comprehensive international instrument on the rights of indigenous peoples. It establishes a universal framework of minimum standards for the survival, dignity and well-being of the indigenous peoples of the world and it elaborates on existing human rights standards and fundamental freedoms as they apply to the specific situation of indigenous peoples. REPUBLIC ACT NO. 8371
AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE
RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLES, CREATING A NATIONAL COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES REPUBLIC ACT NO. 8371 https://www.officialgazette.gov.ph/1997/10/29/republic- act-no-8371/
RIGHT TO ANCESTRAL DOMAIN/ANCESTRAL LANDS
SECTION 4-12 RIGHT TO SELF- GOVERNANCE AND EMPOWERMENT SECTION 13-20 SOCIAL JUSTICE AND HUMAN RIGHTS SECTION 21-28 CULTURAL INTEGRITY SECTION 29-37